103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5794
 
Introduced 4/2/2024, by Rep. Tom Weber
 
SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-8A-4  from Ch. 38, par. 1005-8A-4
    Amends the Unified Code of Corrections. Deletes provision that at a minimum, any person ordered to pretrial home confinement with or without electronic monitoring must be provided with movement spread out over no fewer than 2 days per week, to participate in basic activities. 


LRB103 40017 RLC 71369 b

 
 
A BILL FOR
 
HB5794LRB103 40017 RLC 71369 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by 
5changing Section 5-8A-4 as follows:
 
6    (730 ILCS 5/5-8A-4)  (from Ch. 38, par. 1005-8A-4)
7    Sec. 5-8A-4. Program description. The supervising 
8authority may promulgate rules that prescribe reasonable 
9guidelines under which an electronic monitoring and home 
10detention program shall operate. When using electronic 
11monitoring for home detention these rules may include, but not 
12be limited to, the following:
13        (A) The participant may be instructed to remain within 
14    the interior premises or within the property boundaries of 
15    his or her residence at all times during the hours 
16    designated by the supervising authority. Such instances of 
17    approved absences from the home shall include, but are not 
18    limited to, the following:
19            (1) working or employment approved by the court or 
20        traveling to or from approved employment;
21            (2) unemployed and seeking employment approved for 
22        the participant by the court;
23            (3) undergoing medical, psychiatric, mental health 
 
 
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1        treatment, counseling, or other treatment programs 
2        approved for the participant by the court;
3            (4) attending an educational institution or a 
4        program approved for the participant by the court;
5            (5) attending a regularly scheduled religious 
6        service at a place of worship;
7            (6) participating in community work release or 
8        community service programs approved for the 
9        participant by the supervising authority;
10            (7) for another compelling reason consistent with 
11        the public interest, as approved by the supervising 
12        authority; or
13            (8) purchasing groceries, food, or other basic 
14        necessities. 
15        (A-1) (Blank). At a minimum, any person ordered to 
16    pretrial home confinement with or without electronic 
17    monitoring must be provided with movement spread out over 
18    no fewer than two days per week, to participate in basic 
19    activities such as those listed in paragraph (A). In this 
20    subdivision (A-1), "days" means a reasonable time period 
21    during a calendar day, as outlined by the court in the 
22    order placing the person on home confinement. 
23        (B) The participant shall admit any person or agent 
24    designated by the supervising authority into his or her 
25    residence at any time for purposes of verifying the 
26    participant's compliance with the conditions of his or her 
 
 
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1    detention.
2        (C) The participant shall make the necessary 
3    arrangements to allow for any person or agent designated 
4    by the supervising authority to visit the participant's 
5    place of education or employment at any time, based upon 
6    the approval of the educational institution employer or 
7    both, for the purpose of verifying the participant's 
8    compliance with the conditions of his or her detention.
9        (D) The participant shall acknowledge and participate 
10    with the approved electronic monitoring device as 
11    designated by the supervising authority at any time for 
12    the purpose of verifying the participant's compliance with 
13    the conditions of his or her detention.
14        (E) The participant shall maintain the following:
15            (1) access to a working telephone;
16            (2) a monitoring device in the participant's home, 
17        or on the participant's person, or both; and
18            (3) a monitoring device in the participant's home 
19        and on the participant's person in the absence of a 
20        telephone.
21        (F) The participant shall obtain approval from the 
22    supervising authority before the participant changes 
23    residence or the schedule described in subsection (A) of 
24    this Section. Such approval shall not be unreasonably 
25    withheld. 
26        (G) The participant shall not commit another crime 
 
 
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1    during the period of home detention ordered by the Court.
2        (H) Notice to the participant that violation of the 
3    order for home detention may subject the participant to 
4    prosecution for the crime of escape as described in 
5    Section 5-8A-4.1.
6        (I) The participant shall abide by other conditions as 
7    set by the supervising authority.
8        (J) This Section takes effect January 1, 2022. 
9(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; 
10102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)